Im not surpised that program owners think they can do what they like. Id guess (and im certainly no expert in law) that it really depends on what the courts think. In the UK we laws have about unfair contracts. id guess the US has some law effecting this. If thats the case then simply writing a contract that says "i do wtf i like and you cant do a thing about it" may not be upheld when it gets to court.

Id be interested to Chads view on that.